9911796707
TMI Blog2011 (2) TMI 740X X X X Extracts X X X X X X X X Extracts X X X X ..... used capital goods, duty only on the transaction value is required to be paid, the impugned order demanding an amount equal to the Cenvat credit originally taken is not correct and the same is set aside - The appeal is allowed. - E/1212 of 2009-SM(BR) - - - Dated:- 3-2-2011 - Hon'ble Shri Rakesh Kumar, Member (Technical) Appearance: Rep. by Shri Ram Chander Chaudhary, Advocate for the ap ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ired to pay an amount equal to the Cenvat credit originally taken in respect of the capital goods and on this basis, the department alleged short payment of duty amounting to Rs.45,886/-. It is on this basis that the Asstt. Commissioner vide order-in-original dated 31.10.2008 confirmed the demand of Rs.45,866/- along with interest under Section 11 AB and imposed equal penalty under Rule 15 (2) of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rating the findings of the Commissioner (Appeals) and emphasised that since during the period of dispute as per the provisions of Rule 3(5) of Cenvat Credit Rules, 2004, on removal of the inputs/capital goods as such, an amount equal to the Cenvat credit originally taken was required to be paid, the appellant at the time of sale of the capital goods even if used were required to pay an amount equa ..... X X X X Extracts X X X X X X X X Extracts X X X X
|
